Council Meeting - December 7, 2016

Work Session

Discussion on AF Canyon Water Quality Issues
I missed the first half of the presentation, but the slides will be emailed to us and I will post the presentation here when we have it. The presentation was done by a representative from the Division of Water Quality. My notes from the second half:

Reviewed sediment and water samples. Looked for dissolved metals, total metals, turbidity, and suspended solids. Water turbidity levels were higher below dam, Cave Camp Springs, and mouth of the Canyon, but declined as time went on. Study results led them to believe there was no risk for recreational purposes. No water chemistry values exceeded for irrigation purposes. Sediment metals sampling results show that for recreational purposes it was mostly fine, but two sites had higher levels of risk for lead exposure. When looking at aquatic life levels, all levels demonstrated higher risk for aquatic life. As you go downstream the concentrations rise significantly. Feels heavy metals didn't exceed screening values for recreation, agricultural, or aquatic life uses. Levels of lead in sediment sometimes exceeded the human recreational heath screening levels.

Notice of Violation was issue to North Utah County Water Conservancy District on 9/28/16. District will be responsible for the cost of the investigation and the settlement will include a penalty. District will be responsible to determine the damage to stream and will be required to formulate a plan for restoration and monitoring.

Monitoring plan will be in place for 5 years. Will include survey of macroinvertebrates and fish up and downstream of dam, tissue samples of fish, water and sediment samples, etc. On Snowbird expansion, DWQ has required a monitoring plan including water metals sampling, macroinvertebrate sampling, and quality assurance. Snowbird has applied for a UPDES Permit and will likely contain monitoring and reporting requirements only. Will also need to apply for construction storm water permit through DWQ. Best Management Practices have to be in place to minimize pollutant run off. Utah County will be responsible to approve and monitor compliance of storm water plan.

CM Zappala asked about possible contamination from Yankee Mine. DWQ rep said EPA will be looking at, but will be part of the UPDES permit. EPA is doing a preliminary assessment to investigate concerns raised by group Protect & Preserve American Fork Canyon. EPA does not consider impacts from Tibble Fork Reservoir dam rehabilitation project. Will evaluate existing information to determine exposure pathways.

Council Meeting

Public Comment
Nobody signed up.

Consent Agenda

• Angela Free was appointed to the Parks & Trails Committee
• Doug Fillmore, Bill Knowlton, and Craig Hansen were appointed to the Board of Adjustments.
• Minutes from the Nov 1st and Nov 15th Council meetings were approved. 

Discussion on FY 2016 Financial Audit
Annually we contract with independent auditors to review the basic financial statements. The independent auditors are expected to obtain reasonable assurance that the financial statements are free from material misstatement and are fairly presented in accordance with generally accepted accounting principles. The City received a clean opinion.

Setting Time and Place for 2017 Council Meetings
This was approved and is available on the city's website.

City Council Meeting - November 15, 2016

Public Comment
Nobody signed up.

City Business
David Bunker - Driving range poles have been installed. Netting is also being installed this week. Jr Jazz registration is still open. Looking for school space in the gyms and will need coaches and referees. Golf revenues doing well this month. Vista Room booked out every night in December.

CM Rees - Santa party is Monday, December 5th from 6-8pm.

Review/Action on Renewable Energy Systems
Based on City Council recommendation and the current desire for residents to have renewable energy systems installed at their homes, there is a need to regulate these systems so as to mitigate any negative impacts that may occur to the surrounding property owners. The proposed code is based on West Jordan City Code, and has been modified to reflect the recommendations of the planning commission. The proposed code covers only wind and solar systems, both ground and mounted systems. The proposed code gives design standards for wind and solar systems, regulating setbacks, height, noise levels. Additionally, the planning commission has recommended that roof mounted wind energy systems be prohibited as they would not fit within the desired uses of a residential zone. This ordinance would not have prohibited any existing solar systems from being installed as they currently are. This was approved 3-0 with the only change being the removal of the wording "conditional use" as it doesn't require a conditional use, but an application for a permit.

Discussion
CM Geddes asked when we can have the CARE tax on the ballot again. He was surprised why it was voted down. Mayor Gygi suggested we obtain info from residents on why it was voted down before we decide to put it on the ballot, so we will work on this before next election.

City Council Meeting - November 1, 2016

Public Comment
Nobody signed up.

Consent Agenda
Robin Finch was appointed to the Parks & Trails Committee. The minutes for the September 20, 2016 and the October 18, 2016 City Council meetings were approved.

City Reports
David Bunker - Contractor is working on driving range fence. There was a delay because of wet grass but started today. New netting should be in next week. The Grill starts winter hours. They will be closed on Sundays and Mondays. Tues-Fri 10-2, Saturday 10-7. Hours will be on website. Ski bus is full. TSSD met. Walt Baker from DEQ presented and said State is looking at setting discharge limits for phosphorous and nitrogen. Right now it's not regulated by EPA but State wants to set limits due to issues such as Utah Lake and Payson Lakes. Provo is concerned about limits as they would be hard to meet. We would have to spend millions of dollars to change our processes to meet some of the limits being discussed. Will provide more info as he hears more.

CM Zappala - LPPSD met. Approved contract to study metrics for the fire department to measure performance. Approved hiring of emergency preparedness coordinator who will help put communications plan together for emergencies. Working on State of the City and will be out later this year.

CM Geddes - Dispatch building is nice and will be open next week.

Mayor Gygi - Spoke with Commissioner Graves at Utah County about Canyon Road. Graves is opposed to the County using the $9.5 million to improve Canyon Road. Commissioner Lee is open to fixing the road. Nathan Ivie is also onboard with fixing the road and discussing ownership later. PG Council is not interested in meeting with us to discuss as they are trying to come up with a separate deal with the County for just their portion.

CM Bailey - Arts Committee is having a date night on December 2nd. Swing dancing and dinner.

CM Rees - Parks & Trails Committee met. They continue to work on plans for beautification of the roundabout. Santa party will be Monday, December 5th from 6-8pm.

CM Crawley - NPSW will meet next week to discuss upcoming budget.

Review/Action on Resolution Proclaiming the week of November 14th as Type I Diabetes Awareness Week
Sydney Glass, a 14 year-old Miss Utah County’s Outstanding Teen has respectfully asked for support in raising awareness for Type 1 Diabetes (T1D). Sydney has been living with T1D for over 11 years, and has been working diligently to raise awareness, educate and raise money for much needed research. In her effort to raise awareness she is requesting that the city council adopt a resolution to declare November 14-18, 2016 as “Type 1 Diabetes Awareness Week” in Cedar Hills. This was approved.

Review/Action on Bid for Bayhill Park
The City received bids in September for the Bayhill Park Project. The low bid received at that time was from Stratton & Bratt Landscape for a total of $518,974. The City Council rejected the bids received and Bowen & Collins were instructed to re-bid the project. Bids were again received on October 27th. Bidders were to give a base bid price along with a cost for Alternate A: Upgrading plants and shrubs to larger sizes, Alternate B: Pavilion Installation, Alternate C: Additional Structural Fill, Alternate D: Gate Installation at Trailhead. The same two bidders were the only responsive companies to respond. The bid tabulation is below:

Based on discussions with Bowen & Collins, staff is comfortable with the base bid submitted by S&L INC. A recommendation would also include not awarding any of the alternate bid items. Because the park is completely irrigated, it is not necessary to upgrade the plantings to larger sizes. The pavilion bids are much higher than previous costs for similar structures such as the pavilion at Mesquite Park, which is larger in size and cost $14,000. Bids would be requested from companies that specifically provide this product. This item may be installed at the later part of the project. Structural fill may not be necessary. If additional soil testing shows a need for the fill, it may be added later. The gate may also be added at a later time after coordination with the Metro Water Agency. The Agency has provided gates in the past free of charge to the City. This gate prohibits vehicles from driving from the parking lot to the trail.

I asked about funding of playground equipment, pavilion and restroom. I'd like this to be an fully operational park as soon as possible. The rest of the Council was willing to use funds from the sale of Cottonwood lots to finish this park as soon as possible. There was discussion that the sale of Cottonwood lots was to be used to pay of debt, as outlined by a previous Council. CM Zappala went through the minutes and determined the sale of St. Andrews Estates was to be used to pay down the golf course debt, while the sale of Cottonwood lots were to be used to pay off the costs associated with the reconfiguration to create the St. Andrews lots. We have already paid off the reconfiguration costs through unrestricted funds in our Capital Projects Fund (as well as the rest of the deficit that had accrued for the golf course), so the Council feels it is appropriate to now use the funds from Cottonwood lots to complete parks as we could have completed this park with those unrestricted funds instead of paying off the deficit, part of which came from the reconfiguration.

Review/Action on Bid for Golf Maintenance Building
The City has received bids for the 2016 Golf Maintenance Building. Bids were received from 6 bidders and are as follows:

The low bid was received from Big B Construction. Alternate #1 includes removing and replacing the canvas storage facility with a steel structure. Alternate #2 includes retaining the canvas structure frame and disposing of the cover. Not included in bid Alternate #2 is the installation of a new membrane. Because of the proprietary nature of the structure, Vision Building Systems would be separately contracted to replace the cover. The additional cover cost would total approximately $28,000. The lifespan of the cover is approximately 10 to 12 years. Also, if Alternate #1 is selected, the low bidder would give a reduction of $5400 deducted from the base bid. Staff recommends that the city council consider the base bid including Alternate #1. The low bidder has also been engaged with Architectural Coalition in a value engineering process which may lessen the total cost. Those costs may be presented at the city council meeting.

Regulations regarding storm water have made this project more important so we can become compliant with storm water requirements. Penalties for non-compliance can be high. The current building also has several safety considerations. We do have a conditional use permit from Highland as this facility is located in Highland. Low bid is higher than budget. Staff determined $120,000 would come from the storm water fund and the additional $80,000 would come from the Capital Projects fund.

CM Crawley understands that the current building is poorly constructed. In 2011 the Daily Herald put out an article on the cost of the golf course. The amount spent has increased since then. Now discussing spending more on a golf course related issue. There are taxpayers who are upset with the ongoing costs of the golf course. Feels the golf course continues to be a drain on funds. Said reason Bayhill Park wasn't completed when it should have been is because of the golf course. Feels parks benefit families. Those who wanted golf course did so at expense of the rest of the city. We are deciding on how to spend other people's money and wants it said that it is because of the golf course. I expressed appreciation for this feeling. There are many who are upset with the amount we've spent on the golf course and that it continues to cost more money. If it wasn't for the significant safety and regulatory concerns that we have to address, I wouldn't want to approve the building either. However, it is not a safe building for our staff and we are worried about the fines from not complying with EPA/DEQ requirement so I don't see that we have much of a choice.

Motion was made to approve the base bid plus Alternate #1. This was approved 4-1.

City Council Meeting - October 18, 2016

Public Comment
Nobody signed up.

Presentations
Rob Smith (ASD Superintendent) presented on the ASD bond, which will be on the General Election ballot. Here are pictures of the flyer he handed out:

Additional info can be found on their website here.

Growth in ASD over the last 16 years has been tremendous. There has been quite an increase in population in North Utah County. Anticipating approximately 80,000 students within the next four years. Sent a mailer to all households letting residents know ASD was researching a new bond. Everything they said they would do with the 2001 and 2006 bonds were done, and the projects for the 2011 bond are almost complete. There are four phases with this bond. These projects include new schools, roof replacements of existing schools, rebuilds and/or renovations needed at existing schools, and the purchase of property in high growth areas. ASD has a AAA bond rating, so interest rates are low. ASD sent out a survey to see if residents would support a bond and the response was yes as long as there was no associated tax increase. Once the bond details were put together they did another survey and completed focus groups and a majority of residents said they would support the bond. There is no increase in tax as they layer their bonds in a way to keep the tax revenue needed for bonds under a certain amount, plus accelerated growth from new residences and businesses.

Consent Agenda
The minutes from the 9/6/16 Council meeting were approved. Robin Finch was approved to be the newest member of the Arts Committee.

City Reports
CM Rees - Parks and Trails Committee is meeting later this week. Family Festival Committee vacancies have been filled and they are planning to meet in January.

David Bunker - Poles for driving range fence have been delivered. There is a delay on the work crew after a tornado in northern Utah caused damage to many poles. Soccer and football seasons have ended. Ski bus is starting to fill up. Jr Jazz registration is open and added a second grade program. Vista Room is quickly being booked for December. We are now officially a passport processing facility (city offices) and have already started processing some applications. TSSD meets on Thursday.

CM Zappala - Has started State of the City report. Was contacted by Zonda Perry who wants to start a Girls Who Code program in Cedar Hills and he will work with her on this.

Mayor Gygi - Working on filling vacancies on committees.

CM Bailey - Arts Committee is hosting annual date night on December 2nd. There are 30 spots available for this event and will be advertised soon.

CM Crawley - North Pointe meets soon. If the new landfill being purchased ever sells, the asset belongs to the County.

CM Geddes - Utah Valley Dispatch building will be open next month. Grand Opening will be held in January.

Discussion on Workers Compensation Compliance for Subcontractors
A discussion by the City Council, staff, committee members and invited experts was held regarding the requirements by the Workers Compensation Fund regarding the submission of proof of insurance for subcontractors and vendors for various activities and services provided to the city. The City of Cedar Hills has been audited for the past three successive years for insurance compliance. The city has continued to reduce the potential insurance exposure incurred from these activities. Although staff has improved the process for collecting evidence of insurance for vendors and services, this remains an audit finding by Workers Compensation Fund. City Council should discuss and determine the level of compliance and associated risk it deems appropriate for these activities and services. Brian Child with Olympus Insurance presented. He explained the code related to statutory employers. WC premiums have decreased 35% over past three years. Sole proprietors can receive a WC waiver from labor commission. Contract can also be amended that owners of contracts can be excluded from Workers Comp insurance when working on a city project.

This came up as an agenda item due to some issues we had last year during Family Festival. A few weeks before Family Festival, the chairs of the committee were notified that all vendors had to have proof of having Workers Comp insurance, or if they are a sole-proprietor, a waiver with a $50 fee. The entity who does the car show stated we were the only city requiring this and pulled out of the festival. It took awhile to work things out where eventually the city paid the $50 fee to obtain the waiver on his behalf, however, since he had already stopped advertising our Festival on his website, it impacted the number of entries for our car show. It also became an issue with the band we had hired to perform on Saturday evening and the company we used for the teen party on Thursday night. After doing some research, the recommendation was made to me that we not submit a 1099 form to those who we pay less than $600 as the law doesn't require it, and this would include these Family Festival vendors who we pay less than $600 to. Later I was told that it wasn't a 1099 issue but an I9 issue. Because of the confusion I had a phone call with our city attorney, who did some further research. He indicated that instead of entering into a 1099 arrangement with these vendors, we could instead enter into a contract for them to provide the services for Family Festival and this would eliminate the requirement we have to obtain proof of Workers Compensation insurance. The liability would be on the vendor, not on the city. My suggestion is that we be willing to pay the $50 fee for the WC waiver for the sole proprietors as they are the entities that have struggled with this requirement. With us being a small city, it is already challenging to get some of these vendors to come to our Family Festival. Adding requirements that other cities are not makes them less interested in participating in our Family Festival. Another option we will explore is creating a 501c3 that runs the Family Festival, which removes many of these requirements. This will come back to the Council in two weeks for further discussion.

Discussion on W9/1099 Requirements
A discussion on the requirements by the Internal Revenue Service (IRS) regarding the submission of a W-9 for non-employee payments and for reporting purposes to the IRS, such as the 1099-MISC form. As a best management practice, all who receive payment from the City are advised to complete a W-9 form. Only those individuals or companies who receive payment over $600 are required to have a 1099-Misc filed.

See my notes on the previous item for further details on why this came up for discussion.

Review/Action on Phasing Plan for Lakeshore Trails Subdivision
Lakeshore Trails has requested that their plat and the associated improvements be split into two phases. This would allow the developer to post bonds for each phase and receive a bond release as each phase is completed following the inspections, and acceptance by the City Council. Once the performance bond is released, the public improvements will enter the durability phase to ensure quality of work. By allowing the developer to split the Lakeshore Trails project into two phases they will be able to have a portion of the project enter durability, while still being able to make the required improvements in other phases. The required public improvements as required in the approval process are unaltered by the decision to allow the project to be phased. Additionally, Council has allowed other subdivision projects to be phased throughout the City (e.g. The Cedars, Avanyu, Forest Creek, Juniper Heights, Bridgestone, Temple Shadows, Canyon Heights, Apple Blossom, and others). Phase two of the Lakeshore Trails project will include only Hunters Court. Hunters Court is a four lot cul-de-sac that will be accessed off of Canyon Road. The developers have already installed the sidewalk along canyon road, and storm drain, water, sewer and irrigation mainline improvements for the phase. Asphalt of Phase 2 is anticipated to be done before end of November. The entire phase should be done in spring. This was approved.

Review/Action on Interlocal Agreement for Canyon Road
Utah County in cooperation with Cedar Hills and Pleasant Grove cities have been working on an interlocal cooperative agreement to design and construct certain improvements along the Canyon Road corridor. Improvements include roadway re-construction, safety improvements, drainage improvements including installation of curb and gutter and a storm water retention facility, and right-of-way acquisition. The project includes participatory funding from UDOT and MAG for a total of $9,359,000. Utah County will oversee design and construction of the roadway improvement project and shall maintain said improvements for a period not to exceed 30 years from the date of the agreement, after which the roadway improvements and right-of-way will be transferred to the participating cities. During the term of the agreement, the cities shall provide limited maintenance, snow removal, law enforcement, drainage facilities, storm drain facilities, etc. Cities shall also bear costs of roadway widening of future projects if needed along the corridor upon completion of the proposed project.

Here are my concerns with the agreement:

1. Page 3 of the agreement states that if the improvements made, which are under the sole discretion of the County, exceed the $9.3 million dollars, the cities have to pay for the balance. We do not have a clear understanding on how much the improvements will cost so have no way to anticipate how much we would be responsible for at the end of the project.
2. Even though the County retains ownership of the road, the agreement requires the cities to provide and/or pay for: snow removal including salting; pothole repair; maintain road signage; debris removal; law enforcement; the annual costs of striping crosswalks, school crossings, school area messaging, and any additional striping required; the annual costs of pavement maintenance such as surface treatment as deemed necessary by the County for all asphalt widening that occurs along the right-of-way after completion; maintain all curb, gutter, sidewalk, and storm drainage facilities; accept and handle all storm water run-off from the roadway.
3. While the agreement anticipates the County will retain ownership for 30 years, it does have a termination clause that allows the County to provide 180 days notice to terminate the agreement, at which point the ownership of Canyon Road transfers to the cities. It does say the County would negotiate with the cities the value to be paid to each city to uphold the full financial responsibility for the maintenance requirements for the remaining term of the agreement; however, it has been challenging getting the County to accept any responsibility for this road up to this point so I'm wary of this claim.
4. Canyon Road is a major road, not a city road. It is an access road to other cities and to American Fork Canyon. It was owned by UDOT until the County negotiated with UDOT to swap with them for North County Blvd. As soon as the improvements were made to North County Blvd (paid for by the County) and ownership was traded, the County immediately began trying to offload Canyon Road to the cities. They claim it is not a county road and is mainly used by CH and PG residents. 
5. The money allocated for this project has come from UDOT and MAG. The County is not supplying any funds, even though they own the road. Instead of using the money to make improvements, the County has threatened to reject the funds already approved by MAG and do a lower quality job with the UDOT funds. I see no reason for this other than to bully the cities into taking ownership. There is no financial hardship incurred by the County to use funds provided by other entities to improve a road they negotiated to take ownership of. They should live up to their obligations as the owner of Canyon Road and make the necessary repairs.
6. Because Canyon Road is a major road, the maintenance and repair expenses would be high. We would either have to raise taxes or reduce current services in order to take on the responsibility of such a big road. This is an unfair burden on the residents of Cedar Hills.
7. The portion of Canyon Road that CH would be responsible for is wider than the portions in PG, which leaves us with a larger share of the costs. Additionally, we would be responsible for everything north of the canal, even though there are several PG homes that are on Canyon Road north of the canal. PG would be responsible for everything south of the canal, which only includes PG homes and is more the width of a city road.

I believe that the County should use the money from MAG and UDOT to make the necessary improvements to this road. They negotiated to take ownership of it and should accept that responsibility. I would like to see our Council meet with the PG Council to discuss all options we have available to us as this impacts both cities. Commissioner Ellertson has made it clear the county does not view Canyon Road as a priority and he said himself he would reject any funds from MAG to help. I hope the other County Commissioners will take the concerns of our residents more seriously. I would like to have a joint meeting with the PG Council and the County Commissioners in January as there will be a new County Commissioner and we may have more productive conversations.

CM Crawley feels we should reject the agreement and state we expect them to fix the road so it is safe.

CM Geddes agrees but thinks Cedar Hills should own our portion of Canyon Road at some point.

CM Zappala agrees with Geddes. Feels the County should fix the safety issues as it is their responsibility. Doesn't want to be bullied into taking the road. Wants the road to be fixed first and then we'll discuss transfer of ownership. It's a good deal for the County as none of the funds are coming out of the County revenues. 

CM Zappala made the motion that we require the County to utilize the $9.3 million to fix all of the issues with Canyon Road and once it is fixed we will have joint meetings with them and PG to discuss the future of the road, including ownership. This was approved 4-1. 

Discussion on CARE Tax
State code 59-1-1605 requires taxing entities placing a tax proposition, i.e. CARE tax or other, on a general election ballot to hold a public meeting, allowing equal time within a reasonable limit for a presentation of the arguments in favor of and against said proposition during the public meeting. The public meeting is not required to be a public hearing.

I will be encouraging residents to vote for this tax. It is a tax we are currently paying, so it won't increase taxes from current rates. It is 0.1% on sales tax, which means for every $10 spent the city would assess a tax of one cent. The funds used for this go towards recreation and arts in our community. Some of the items we have used CARE tax funds on include:

• Basketball court at Heritage Park
• Community Center basement
• Mesquite Park bathroom
• Arts Committee events

For this year we anticipate using CARE tax funds for Bayhill Park and Heritage Park improvements. The approximate amount we raise each year from this tax is $40,000. We still have parks and trails projects on our capital improvements plan and I feel this small tax will help us as we move towards completing those projects. Our residents have expressed an appreciation for our parks and trails system and these funds go directly to projects like these.

CM Crawley expressed his opposition to the CARE tax and his argument is in the voter pamphlet. The rest of the Council is in favor.

September 20, 2016 City Council Meeting

Public Comment
Nobody signed up.

Consent Agenda
Megan Rasmussen was appointed to the Arts Committee. The minutes from the August 16, 2016 City Council Meeting were approved.

City Reports
Mayor Gygi - Spoke with superintendent of Alpine School District and they will present to our Council at our next meeting on the bond they are submitting to the voters.

David Bunker - Flag football as more participants than last year. We now have a hotline for participants to call when it's raining to see if games have been cancelled. Golf course being aerated. Plants and soils class tomorrow night at community center. Golf course nets are scheduled for October. New poles go in October 4th-6th. Driving range will be closed during that time. TSSD met and they are phasing out of composting over the next five years. After that they will no longer accept green waste.

Review/Action on Bid for Bayhill Park
Public Comment:
Angela Bragonje - Lived in Cedar Hills for 10 years. Lived on Sugarloaf where yard and street were very tiny. Watched kids carefully as they play outside. Moved to Bayhill and concern was small lot sizes. There is little space for all the kids. They are in the street all the time. Have the smallest lots in all the city as many lots are on slopes. Isn't trying to complain but show that they need grass space and place for kids to play. Play at small park on Tamarack but it isn't a park for kids older than 6 years. Use parks a lot, but don't feel comfortable sending kids on their own as they have to walk across Canyon Road. People use the church lot as there isn't other green space in the area. Bayhill Park would be available to the many kids in the area. It is much more than a neighborhood park as many people walk on the trail and the gravel path to Timp Cove Park. Kids play in youth sports in the city and parks are crowded right now with sports so it's hard to find open spaces. Disappointed to see that the area allocated to grass is so small. Would like a flat piece of grass to play soccer. It's a hot topic issue in the neighborhood and is discussed often. In 2009 funds approved for it went to Timp Cove park. Rec Center got updated and other parks have been updated and this project keeps getting delayed. Feels they've been patient for a long time.

Becky Hoffman - Lived in Cedar Hills for 15 years and was told in beginning that park would be there. Lives right next to park. 15 years is a long time to wait for park to come in. Every time it has come up she has tried to get people to advocate for it. Her grandkids are now past the age where they can enjoy but there are so many children in that area that play in streets because there is no park nearby. This park keeps getting delayed for other projects. Feel that is morally wrong. Advocating for children who deserve park space. Other parks in the area, parents donated money including herself. She loves Cedar Hills. To delay park for another year is unfair.

Donna Lyle - Park is the same issue that happened many years ago, maybe 2007, where streets, curbs, sidewalks, etc in that that development were in horrible shape. City Council allowed it to continue. Got organized and came before the Council. Council doesn't experience the problem and plea for a new park because Council is all new and doesn't understand the background. When streets were falling apart, they fought to get those fixed and it the Council at the time didn't know of the problems. This Council doesn't know history of Bayhill Park. See families with kids in the area who desperately need park space. To put it off is putting off a promise from 15 years ago.

Only received two bids, the lowest being $518,974. Bowen & Collins representative presented tonight. Said there are a few reasons for high bids. First is that all contractors are very busy and trying to finish those before snow. Spoke with a contractor who was interested in bidding on the contract but didn't because they were too busy. Feels we should postpone until the winter months when contractors are more anxious for work. Usually they see lower prices and lower bids when they do this. Another thing to consider is that the asphalt season is coming to an end so would be surprised if it can even get done this year. Having a gap between construction and laying asphalt can cause price to be higher. City could purchase pavilion and install on its own so not to have a mark-up. Can also reduce the size of some of the shrubs. One contractor said that if it was delayed they can reduce costs by 5%. Staff feels we can rebid in January and have a longer bid period with more advertising to hopefully entice more people to bid on job. It's hard to get plants right now because nurserys have less stock than in the spring. Park was re-engineered to include things that residents asked for, and we may be able to get fill at better price later on. It was bid as a lump sum project instead of being a line item, so if we rebid we can ask for bids to be line item bids. We could get separate bids for separate parks of the projects. Can't guarantee we will get lower bids, but Bowen says contractor said if we waited a month or two they would have lowered price so they think it will be better in a few months. It may delay the project by a few months.

Mayor said Council has already approved construction of park. Now we have to discuss whether or not to accept bids, which are high. Question is do we spend an extra $100,000 to do it now or rebid in the Spring. Doesn't know about promises from 15 years ago.

I advocated for moving forward with the bids. There are multiple reasons for this. First, this project has been delayed several times for many years. It was supposed to be completed when Timpanogos Cove Park was built, but the cost for Timp Cove went way over so the funds allocated to Bayhill were moved to Timp Cove. It was then put on the plan for the FY2009 budget with $400,000 as the anticipated cost. However, it has been delayed each year since then for a variety of reasons. When I joined the Council I advocated that we get this park done as residents in that area had been promised for several years it would be done. In 2009 a petition with approximately 100 signatures was provided to the Council asking for the park to be done, and residents were told it was next on the list. Unfortunately, nothing was moved forward. In 2014 the Council agreed to allocate $50,000 in FY15 to start phase one. It was then decided it would be better to do a bigger phase and moved to FY16 with $235,000 allocated. We were then told it would be cheaper to do the project all at once, so it was delayed to FY17 with a budget of $446,224. There can always be a good reason for delaying a project for another time and I think it's time we get this park done as it was promised almost a decade ago and other projects that were to be completed after Bayhill have been bumped up and finished. Secondly, there is no guarantee costs will go down. I spoke with a gentleman who does construction loans and he told me that the industry is booming and that contractors he is dealing with have told him they are paying extra for workers to work during the winter months so that homes will be ready to sell in the spring. He feels waiting for construction to wane can take several years. Lastly, this area is highly populated with young kids who don't have much park space. Being on the east side of Canyon Road, many don't feel safe sending their kids across Canyon Road to play at parks in other parts of the city. The higher density granted in that area means the yards are smaller and there isn't as much green space for play. I would like to see the city no longer delay. I know it costs more than we thought, but costs have risen in every aspect of construction over the past 8 years so it is understandable that it is more now. Asked that we request the bidders to provide us with a line item list that they based their bids on.

CM Crawley served on the Parks & Trails Committee in 2014. Is an advocate for the park and feels it should be a priority. Frustrating that it has taken so long. It would have been nice to start earlier. Not sure that accepting a bid is the best thing, but doesn't want to wait until next spring to bid it out again. Feels we can rebid now with flexibility to start in January so they can start in the winter. Thinks we do need more detail on the bids so we can find better pricing on some parts, like the pavilion.

CM Geddes - Was on Parks & Trails in 2015. Timing is frustrating, but we are getting a better park now than if we had done it a year and a half ago. It's a completely new design. Agrees with CM Crawley that we should reject the bids, but we don't need to wait until January. We can rebid within next 30-60 days so it can finish in June or July. There may be some things we have to cut until it can be funded in another fiscal year. Would like to see more than two bids. It's challenging to get landscape contractors to bid on projects right now. Asphalt can't start this year anyway. He has offered some tips on how we can save money on fill.

CM Bailey - Asked about timing if we approve. David said it takes a few weeks to get contracts signed but could maybe start mid-October. Resident expressed concern to him that there isn't much grassy area. If we start in mid-October, it could be done in the spring, maybe April or May. If we pushed out bids and received lower bids in January, it could still be done at the same time. Wants to see a set start and end date for this project so it gets done.

CM Zappala - Asked if staff can be more aggressive in seeking bids so we can get more responses. David said Bowen & Collins will call other contractors. Concern that costs may increase as they always increase and we might be in same situation and have wasted more time. Would rebid immediately and tell Bowen & Collins to be very aggressive in getting it in front of contractors. David said contractors are all really busy and are worried more about getting projects done than getting more work. David wants to wait until November when it gets colder and they have more time. Says contractors didn't have enough time to bid on this project. CM Zappala is also concerned that we have delayed for too long.

I made a motion that we reject the current bids but ask staff to submit a new bid proposal immediately with the Council to review and vote on bids on Nov 1st with a start date of construction in January 2017 and a completion date of the park in June of 2017, also that the bids provided be line item bids. This was unanimously approved.

Review/Action on Temporary Moratorium on Issuing Permits for Renewable Energy Systems
The City has received numerous inquiries and applications for solar installations. In an effort to curb any nuisances caused by these types of systems, staff has proposed code to the City Council and the Planning Commission that would work to mitigate detrimental effects of renewable energy systems on neighboring areas. The proposed code has been presented to both the city council and the planning commission. The planning commission intends to make a final recommendation for city council consideration during their regularly scheduled September meeting. Until the recommendation by Planning Commission is considered by the city council, it is proposed that a short term moratorium on renewable energy permits, including wind and solar, is enacted. This will allow the recommending body and legislative body to establish standards and guidelines to be included in the city code. Staff is recommending that an exception be given to exclude house mounted solar from this moratorium. The moratorium is expected to last about three months. This was unanimously approved.

Review/Action on Adding, Amending, or Deleting Certain Portions of the Policies and Procedures Manual
During a routine Utah Retirement Systems (URS) compliance review, a request was made to include a policy declaration which designates the eligibility of Tier 2 employees, elected, and appointed officials. URS has asked for this policy to be submitted to their offices by September 30, 2016. Along with the required URS policy language, some additional minor amendments are being proposed for inclusion in the updated manual. They include: Fraud Prevention Policy, Social Security Participation, Taxable Benefits, General Employee Policies, Other changes. All of the changes are relatively small housecleaning items. The only change I recommended is that it was added that AFPD and LPPSD are allowed to get free golf, and that we should update the wording that this benefit only applies as long as we have valid contracts for them. We are not considering any changes, but it's good to indicate that this benefit only exists if we have a contract in case something changed in the future. This item was unanimously approved.

Council Meeting - September 6, 2016

Public Comment
Nobody signed up.

City Reports
David Bunker - Soccer programs going well. Flag football starts tonight with 437 participants. Golf course netting is scheduled to be replaced during the first week of October. The Sparks Singers are renting a room at the Community Center on Thursday nights. TSSD met and discussed plant improvements. There is a PI water main that is damaged. Located on Canyon Road across from Morgan Blvd. Tank has water in it but it's anticipated that will be emptied tonight. There will be limited pressure as the tank is drained each day. Posted to Facebook, city website, and sent email throughout the city. Bayhill Park is out to bid and anticipated bid opening is September 15th and will be presented to the Council at next meeting. Contaminated water came down from Tibble Fork and there were high concentrations of heavy metals in the sediment. A fix has been made to stop this from occurring, but has determined the water doesn't exceed agricultural or recreational use limits. It is not safe for consumption, but never has been.

CM Rees - Parks & Trails Committee met. The breakfast was a success and they will continue this every year. Will need extra help with serving food and clean-up. Meeting at the roundabout at next meeting to discuss roundabout improvements and beautification.

CM Crawley - North Point Solid Waste voted to join the NUERA group to purchase the Bayview Landfill. Vote was 7-4 in favor. NPSW will have one member on the board of NUERA.

CM Bailey - Arts Committee met and is planning a date night for adults. It will be held in November in the Vista Room.

Review/Action on Resolution Authorizing City to Participate in the Utah County Community Development Block Grant
The Community Development block Grant (CDBG) entitlement program is offered through HUD and allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities, principally for low and moderate income persons. The Utah County Consolidated Plan is a collaborative process whereby participating communities establish a unified vision for community development actions. As an urban county, Utah County receives CDBG funding from the US Department of Housing and Urban Development (HUD). The funding is allocated to jurisdictions and organizations in the region to carry out CDBG projects that align with the plan goals and priorities. Orem, Lehi, and Provo are entitlement cities and receive their own funds from HUD. Most cities in Utah County participate in the County CDBG program as administered through Mountainland Association of Governments. The resolution will authorize the Mayor to execute an interlocal agreement between Utah County and the City of Cedar Hills relating to the conduct of the CDBG program for the fiscal years of 2017 through 2019.

It's challenging for Cedar Hills to be eligible for many projects because we don't have low to moderate income housing in the city. Through this program, which we've participated in for years, it allows communities like ours to participate, though staff does not anticipate that we will receive any funding. Through MAG, there is a committee that determines which programs are eligible and which ones will receive funding. Funds go towards things such as handicapped accessibility projects, moderate income housing project, senior citizen center, etc. Our participation would be through Mayor Gygi voting at MAG meetings on the projects. Some projects that we could be eligible is adding handicap accessible curbing to sidewalks, elevators in public buildings, handicap accessible park equipment. The other cities who are part of this interlocal agreement are American Fork, Cedar Fort, Eagle Mountain, Elk Ridge, Genola, Goshen, Highland, Lindon, Mapleton, Pleasant Grove, Payson, Salem, Santaquin, Saratoga Springs, Spanish Fork, Springville and Vineyard. County gets about 1.2 million per year to distribute among the cities. Projects should be at least $30,000 to qualify. 15% goes to public service needs and rest goes to construction. Get approximately 8-10 project requests per year. Some years they can fund all, others there may be 1-3 that don't get funded.

It has not yet been reviewed by legal and there is a section that says we must have a policy prohibiting the use of excessive force by law enforcement agencies within our jurisdiction against any individuals engaged in non-violent civil rights demonstrations. I don't believe we have a policy about this so legal may need to draft one for us. Representative from MAG came to the meeting and stated that HUD has told them we do not have to have this policy as a written policy.

CM Crawley feels this is unconstitutional. Says there are limited things the Federal Government can participate in, and 10th amendment gives all other rights to the States. Says government takes funds through taxes, then comes back with strings attached. Feels it is against our oath of office to support things that are unconstitutional. Concerned as Federal Government grows that everyone wants to take from it while debt grows and entitlement programs grow. Like Animal Farm people will take it if it benefits them. Feels he must vote no because of unconstitutional issues. Feels taxes are more appreciated if it comes from local sources.

CM Zappala says Crawley's interpretation on the 10th amendment was ruled against by Supreme Court. Courts have consistently ruled that Federal Government does have authority in commerce and welfare clauses. Power to tax and spend is a power of the Federal Government. CDBG isn't unconstitutional just because he doesn't like how the money is spent. Agrees we must uphold our oath to support the Constitution and doesn't feel that this grant goes against the Constitution. Feels people who benefit from programs like Meals on Wheels appreciate the meal and don't first ask where the money came from to purchase the meal. Also, the taxes will be taken any way and we can apply to use it to support local programs.

CM Bailey says Constitution has been inspired of God, and this same God told us to take care of the meek and the poor. This program helps the disabled and low/moderate income families. MAG does Meals on Wheels program that helps poor and elderly. Supports this program as it meets what society should be doing.

I asked if this program has ever been challenged on being unconstitutional and was told no. I asked Mr. Shaw if he had any concerns with the constitutionality of the program and he said with respect to the 10th amendment he does not have concerns, nor with Federal Government's ability to collect and spend taxes.

CM Geddes doesn't feel there is a violation of the Constitution.

This was approved 4-1 contingent upon legal review. CM Crawley voting no.

Review/Action on Lakeshore Trails PUD Subdivision Fencing
As per City Code 10-5-18G, Lakeshore Trails must seek Planning Commission and City Council approval for the proposed subdivision fencing along Canyon Road. Per staff’s recommendation, the fence shall not exceed 6’ in height, fence must remain 3’ from any power pole, access to manholes to be approved by the City Engineer and Building Official, landscaping wall to remain less than 40” in height, and the slope is not to exceed 3:1. Planning Commission gave their recommendation on August 23. Fence will provide privacy and a sound buffer. CM Geddes will not be voting as he is an owner in this project. This was approved 4-0.

August 16, 2016 City Council Meeting

Work Session
Representative Mike Kennedy presented an update on the legislative session. Worked on policy to honor fallen police officers at the request of Mayor Gygi. Medical marijuana continues to be a hot topic that will probably come up again in the next legislative session and there is a lot of good debate back and forth on the merits and concerns. Medicaid expansion is also a big topic. Rep Kennedy said when we expand we are making a long-term commitment without knowing how much it will cost in the future. Feels we need more info before we agree to expansion. I asked about the transportation tax that failed. Some local leaders stated it would come up again but have the money stay between the cities and counties with nothing going to UTA. I was interested in knowing if this really was moving forward. Rep Kennedy said he doesn't think the issue is dead but hasn't heard anyone say they are going to bring it up this next session. I asked about the connector road between Highland and Cedar Hills on USDC land. Senator Dayton is opposed to building that road, bisecting the property. He's working on trying to find a compromise to get this done.

Council Meeting

Public Comment
Ken Hansen - Expressed support for Council in decision made to allow alcohol sales at the Grill. He's pragmatic and seen the area grow. It's part of bringing in more revenue to the city. Alcohol being served at receptions.Supports the Council.

Ken Kirk - Concerned about comment made by CM Crawley in dissolving North Pointe Solid Waste District. Wants Council to do due diligence in researching what the option would do. NPSW provides services such as free passes to the dump as part of that membership. 473 residents have taken advantage of that just this year. Where would residents take those truckloads for free if we are no longer members? NPSW does a lot of good. Sponsor a hazard waste collection point. Feels withdrawal would not be good for the city. The earliest we could do it would be 2020. Feels Council should postpone until further research and be aware of what they do for us.

Ben Ellsworth - Thanked the Council for supporting Cameron's request to sell alcohol. In the long run in will be beneficial and allow us to control what is consumed on the golf course. Golfers won't be going to Walmart or Harts to purchase larger quantities of beer. Council did the right thing. Appreciates the Council for supporting Cameron.

Review/Action on Resolution Recognizing Spencer Kelley as a Cedar Hills Champion
From the Resolution: WHEREAS, the City of Cedar Hills wishes to fully recognize the heroic effort of rescuing his son Connor; and WHEREAS, Spencer’s brave and unselfish act demonstrated extreme bravery despite life threatening risk to himself; and WHEREAS, Spencer exemplifies the traits, abilities, and determination that set an example and inspire others in our community. NOW THEREFORE, be it resolved by the City Council of the City of Cedar Hills, Utah, and on behalf of all residents, hereby proclaims that August 17, 2016, be recognized as “Cedar Hills Champion, Spencer Kelley Day.” With this, the City of Cedar Hills wishes to recognize and sincerely thank Mr. Kelley for his bravery, and the inspiration that he has provided to our community.

Consent Agenda
The minutes from the July 19, 2016 meeting were approved.

City Reports
David Bunker - TSSD board meeting is this week. ULCT is having fall conference in September. Flag football registration is occurring through next week. Golf is doing well this month. Numbers are down a little due to heat. Tot soccer registrations are now closed.

CM Zappala - LPPSD approved the budget for fire and EMS. Rates are going up slightly. One issue is canyon rescues. We spend money on equipment to provide those services but don't get reimbursed from the county. Will be discussing with County about getting some sort of compensation with LPPSD responds to canyon issue. Looking at current staffing levels and budget and if adjustments need to be made. Collecting bids and will have recommendations at next board meeting. Met with staff to discuss State of the City Report. Should be published by November 1st. Theme will be explaining what each department does for residents of the city. Wants to trim down the length of the report but will have links to additional resources.

Mayor Gygi - MAG had presentation on road utility fees, similar to what Provo is doing. We have schools and churches that are exempt from taxes but this fee would be assessed to them as well. Mr. Bunker will do some research.

CM Bailey - Arts committee meeting in September.

CM Geddes - UV Dispatch met and took tour of new facility. Should be ready by end of October.

CM Crawley - North Pointe Solid Waste met and are discussing the agenda item below. Mayor Gygi emphasized that Cedar Hills is not looking at withdrawing from the district. CM Crawley clarified that it is something he is researching, not the city.

Discussion on Skydrop Water Conservation System
There was a meeting between reps from Skydrop and members of the Counci (myself included). They are now presenting to the entire Council.

Skydrop is a smart controller. Runs on WiFi and weather reports. Owner installed something similar in his yard and found that he saved 50.6% of water the first month. Being used in California and seeing significant reduction. Ties in soil type, slope, shade, weather reports (updated by the hour), and it will determine when the system needs to come on. It will only water the areas that is needed, and when it's needed. Can be adjusted by phone. Most states have rebates for these controllers. Here in Utah there is a rebate program for the controllers. Has a patent pending program where a resident can give them data on number of zones they have, what days they water, and how often they water each station and the software can tell them how much water they are saving after the controller is installed based on data from the previous year.

Yucaipa County in California installed this controller as they've been mandated by the state to conserve a certain percentage of water. From December 2015 to now they've done about 2500 installs in this area. The pilot was successful and Skydrop users saved more than those not using the controller.

For another study in Los Angeles using Skydrop:

The suggestion from Skydrop for Cedar Hills is they are willing to give us the units for the same amount of the rebate that Central Utah Water will give the city. We would pay a $35 install fee, but would only get the cost of the device back in the rebate. Central Utah Water will reimburse immediately if it's purchased by the city. City can see all the data overall, doesn't need to access each device individually. Yucaipa has form that each resident fills out that says the county is giving the resident the device, but in return the county gets access to the data. They are currently in several cities in California, San Antonio is using it, so is a city in Ohio. Recommend if we do a pilot program that we do between 150-250 homes to get an accurate understanding of savings.

I'm interested in doing the pilot. My biggest concern is that we install meters and don't see a reduction in water usage. This is what happened in California, which is why they are installing smart controllers in addition to the water meters they already installed. Studies I've read are showing that meters aren't showing a ton of savings because water is still cheaper than replacing landscaping. If we can recognize water savings without spending $2 million on water meters then I'd prefer to do the smart controllers. CM Crawley expressed some concern with privacy as the city would be able to see how much and when residents water. CM Zappala asked that staff reach out to Central Utah Water to see if they will give us $100 rebate per unit or if there are any restrictions.

Discussion on Bayview Landfill
See notes from my last meeting for the first discussions. CM Crawley feels city should look at leaving and suggesting the district be dissolved. Feels the private industry can handle this. CM Zappala asked if there has been any research done on the pros and cons of joining NUERA. CM Crawley said yes and he will send us copies of it. Mr. Bunker stated his biggest concern is risk. There is a lot of risk and landfills are regulated by the EPA. Waste Mgmt said that Bountiful owns their own landfill and they've had several dump fires and been on notice by the EPA several times with new regulations that are implemented. If we join NUERA then we are part of owner of the landfill, and are also responsible for the liability.

Council Meeting - July 19, 2016

Public Comment
Nobody signed up.

Consent Agenda
Minutes from the June 21, 2016 Council meeting were approved.

City Reports
CM Rees - Keith Irwin has resigned from the Family Festival Committee so we are currently in need of a few additional members. A co-chair is being discussed with Jerianne but we also need someone who can handle sponsorships. Parks and Trails Committee meets this week but a reminder that our annual summer breakfast is August 13th at 8:00am. Council will be serving breakfast, which will be cooked by the fire department and the Parks and Trails Committee.

David Bunker - TSSD cancelled their meeting. Street projects are scheduled for August 15th on Cedar Hills Drive. Details are in the City Council management report. A new community group called "Sparks Singers" will be starting soon and details will be coming.

CM Crawley - North Pointe Solid Waste met to discuss purchase of Bayview Landfill. This will be discussed further in the discussion item below.

Review/Action - Access Requirements to Include Flag Lot Developments in R-1 15,000 Zone
Last year, the City changed homes in parts of the RR-1 20,000, to be in the R-1 15,000 zone. The homes that were in the RR-1 20,000 had flag lot development rights. The proposed code change would give these development rights back to the homes that were involved in the zone change. The only parcels affected by this zone change are the ones that were involved in the previous zone change. The proposed changes grant the ability to develop flag lots to only those former lots that were part of the previous zone change where the right to develop a flag lot was part of the property rights. This has already been approved by the Planning Commission. This was unanimously approved.

Review/Action - Development and Setbacks
City Code 10-5-29 addresses “Decks, Porches, Patios, Pergolas, Awnings, Hot Tubs, and Similar Structures,”. Included in this section is recreational equipment such as swing sets, slides, and trampolines. It is proposed that in an effort to begin cleaning up this section of code, the language related to recreational equipment be removed as these aren't regulated by the city. As written, the code regulated the construction of awnings, decks into side yard and rear yard setbacks; there are no provisions in this code related to the installation of recreational equipment. The Planning Commission recommends that the language related to hot tubs remain. This was unanimously approved.

Discussion on City-Owned Property Maintained by Residents
Public Comment
Steve Gentry - His property is on Sandalwood Drive and Oak Road. There is a 10 foot easement that belongs to the city and is full of weeds. He sprays the weeks in the spring. He would like to put something other than weeds in the area in order to beautify the area. Would like to put topsoil, ground cover, and bushes there at his expense. Was told by the city he can't do this. He has a way to irrigate it through pipes he installed in his fence, but was told by the city he could only hand water the area. Would like to be granted an exception to be able to irrigate and landscape the area.

The City of Cedar Hills owns many parcels of property throughout the city including open space parcels, existing and future right of way parcels, etc. Several of the parcels adjoin properties owned privately by residents. Some residents wish to include all or part of a city owned parcel in their private landscaping. Staff provided pictures of areas throughout the city where residents have landscaped and are using city property that abuts to their personal property. Some issues to consider would include the following:

• Legal liability. Damage to city infrastructure, injury on city parcel, ownership status. 
• Future need of the parcel for City purposes. 
• Long or Short term effect. 
• Agreement execution. 
• Other

Each parcel may need to be evaluated on a case by case basis. Staff also suggests that the use of city owned parcels only be allowed through written agreement and by conditional use.

My suggestion is that we allow residents to beautify and landscape city property near their homes as long as they obtain a conditional use permit (at no cost to the resident) and with the understanding that if the city determines later to use the land, the resident understands that the city can change/remove the landscaping. CM agreed that we should work with residents on these instances. 

Review/Action - Smoking and E-Cigarettes, Park Curfew, and Noise in City Parks
Parks are closed from 11:00 PM to 5:00 AM; which is the same as American Fork City (AF Municipal Code 9.12.01), which is the police department we use. Noise regulations limit amplified sound from Labor Day to Memorial Day after 8:30pm (9:30pm on Friday and Saturday). From Memorial Day to Labor Day after 9:30pm (10:30pm on Friday and Saturday). People can still be in the park after the amplified sound time limits, but not after 11:00 PM (see code 6-8-6). Elsewhere in the City, noise ordinance prohibits certain activities after 10:00 PM when adjacent to a residential zone (code 5-2-2). Currently, when a resident reserves a park, they are given a sheet of park rules and regulations. Currently, the posted park rules prohibit the use of tobacco products in a city park. The proposed ordinance would place language in the Cedar Hills City Code prohibiting the use of tobacco products, including cigarettes, cigars, electronic cigarettes, chewing tobacco, and vaping products.

Staff has recommended changes to the wording of the existing ordinance to include parks, baseball diamonds, soccer fields, recreation areas, and public trails. This was approved.

CM Zappala joined us after this was voted on. Was concerned we were putting time restrictions on trails and wanted this removed. This can be brought up at a future meeting.

Discussion on Solar Panels
The City has received numerous building permit applications for solar units to be installed on the roofs of various homes. During 2015 and thus far in 2016, the City has received approximately 95 (87 approved) applications for solar installation, and recently received an inquiry on installing ground mounted solar panels. Other cities have established code related to renewable energy installation, the example provided by staff comes from West Jordan. The proposed code covers both wind, roof mounted solar, and ground mounted solar. These items are approved by conditional use permits, and the code further regulates the detrimental effects from these types of systems (e.g. light refraction, wildlife impacts, height, appearance, setbacks, etc.).

My only feedback was that I don't want to make it challenging for residents to install solar panels or other renewable energy resources. Chandler said the goal was to make sure that detrimental affects aren't passed on to neighbors, but won't make it challenging.

CM Geddes asked why some were denied. Chandler explained that they are still being worked on, they haven't been outright denied. Stated that the windmill installed near the golf course does cause quite a bit of noise, which should be considered.

Review/Action - Update to Fee Schedule
Modifications are proposed to the City Fee Schedule in order to implement the fees associated with passport acceptance. The city has been accepted to be a passport acceptance facility. Staff anticipates this will be cash flow positive. The biggest cost is labor, but fees set cover the costs. The application fee goes to the U.S. government, the acceptance fee stays with the city. This was approved. The fees are listed below.

Review/Action - Changes to Agreement for Cedar Hills Grill
The current Cedar Hills Grill Concession Agreement restricts the sale of alcohol on the premises, except for catered events. A group renting the Vista Room may serve alcohol during their event if served by a licensed provider. A request has been received by the Grill tenant to modify the Concession Agreement to allow for the sale of alcohol. The proposed change to the agreement is as follows:

15. CONCESSION R I G H T S . Except as otherwise provided in this AGREEMENT, TENANT shall have exclusive rights to the receipts from all food and/or beverage concessions, excluding vending machines located on the premises of the recreation center and golf course properties during the TERM. TENANT shall have the exclusive right to sell food and beverages on the golf course, excluding catered events and vending machine sales, subject to CITY'S rules and regulations and the terms and conditions of this AGREEMENT. TENANT shall be afforded the opportunity to be included on the CITY's Preferred Catering List, to submit a proposal for catering events such as, golf tournaments and CITY events. Tenant may serve alcohol on the premises, including catered events, with proper licensing, and according to regulations established by the Utah Department of Alcoholic Beverage Control (DABC).

CM Crawley said some people come to our course specifically because alcohol isn't served on the course. Says there are positives and negatives from a revenue standpoint, but there are other issues to address.

CM Zappala asked how State law applies, which doesn't allow for alcohol to be consumed in a public building. David Shaw (attorney) said there are exceptions. If we lease the facility to a vendor, he is unclear whether it still makes it a public building. Feels there is an argument on both sides. Feels because the city leases the space, it is no longer a public place as defined by the State. CM Zappala asked if the city can discriminate by stating that alcohol is fine in the Vista Room, but not the Grill area. D. Shaw said this could be an issue, but must involve a protected class. D. Shaw also stated that it would have to be restricted to the Grill, and not consumed in the hallways or restrooms as that would fall under the public building definition. There is also some ambiguity as to whether the city can allow alcohol consumption on the golf course as it may be considered a public area as it is part of the city's recreation program.

CM Geddes asked how it will be handled by kids who work at the Grill. Cameron said someone who is certified to sell and over 21 will always be onsite. Beer will be in a locked cage in the back refrigerator so it won't be visible or accessible to anyone except the person who is authorized to sell.

CM Crawley asked that the vote be postponed. Feels it was noticed as a change to the agreement, not specific to alcohol. Feels there are some ambiguities that the attorney doesn't know the answers to.

My feeling was that the Council already allows third parties to serve alcohol at the facility and beer is consumed on the golf course, so I don't see how we can restrict this third party from selling beer. Cameron indicated it would be limited to canned and bottled beer, and will not include draft beer or mixed beverages. He will also make sure someone over 21 who works for the grill be there to sell. I suggested we change the wording above to specify that it is limited to canned and bottled beer and must be contained in the Grill area so that we don't get in trouble with the public area laws. This was agreed to by others on the Council.

This was approved 4-1 with CM Crawley voting no.

Review/Action - Update to City's GRAMA and Records Retention Policy
The City of Cedar Hills last updated the city ordinance regarding the city records access management program in 1995. By state statute, UCA 63G-2-701, the city is required to comply with the Governmental Records Access Management Act (GRAMA). Numerous changes have been made to the records management program at the state level. Several of the alterations and several of the sections of the State management program do not apply to municipalities. These would include courts, school districts, special service districts, counties, state departments, etc. Under the state code, a city may adopt an ordinance in compliance with Chapter 63G, which establishes criteria and policies related to GRAMA. Once a municipality adopts an ordinance or policy, a copy shall be sent to the state archives with a summary description.

The proposed amendment as required by statutory regulation includes modification to the appeals process. The appeal process will begin with a request to the records office. If an appeal is requested, it shall be made to the Chief Administrative Officer. The next level of appeal will be made to a local appeals board. The final appeal shall be made to the District Court. This would bypass the State Records Committee if there was an appeal. D. Shaw states doing this keeps it local and more efficient as it can be addressed in a more timely fashion. CM Zappala feels that when the State Records Committee sides with the city, that holds more water as it is comprised of people with various levels of expertise. My concern was that the State Records Committee is comprised of people from legal backgrounds, government records background, and a citizen advocate and have no bias one way or the other. My feel is that residents may feel that they get a more unbiased vote from the State Records Committee than a local board, and I'm also concerned with how we would keep our board members updated on GRAMA laws. Having attended State Records Committee meetings, they get very specific with regards to past cases and legal definitions of the laws and I fear we would lose that expertise in decisions that need to be made.

The retention schedule was approved with the exception of setting up an appeals body, which will be discussed at a later time.

Review/Action - Fireworks and Open Fires Restrictions
Due to fire conditions as assessed by the Lone Peak Public Safety District under the jurisdiction of the Fire Chief Brad Freeman, the fire marshal Ben Bailey has issued fireworks and open fire restrictions for all areas east of Canyon Road within the city limits of Cedar Hills. Aerial and non-aerial fireworks shall be included in the restrictions. A resolution has been prepared in accordance with the recommendations of the Lone Peak Fire Chief that fireworks of all types including aerial and non-aerial and open fires of any type shall be prohibited east of Canyon Road within the city limits of Cedar Hills. The FD currently has an issue with someone who is intentionally starting fires, combined with dry weather conditions and other areas in the State are also dealing with fires. This was unanimously approved.

Discussion on Short Term Rentals and Airbnb's
Short term rental properties are becoming increasingly more common. As a result, many cities have enacted legislation to provide requirements that must be met to allow for this type of business to operate. Some cities have outright prohibited short term rentals by defining short term rentals as those whose stay is under thirty days. Other communities have decided to allow short term rentals in cases where the owner is present in the home at the time of the rental. As communities have allowed short term rentals, they have had to place conditions on properties in order to regulate parking, garbage collection, HOA approval, and management companies. Staff will continue to research.

Discussion on Bayview Landfill
North Pointe Solid Waste Special Service District has held discussions regarding participation with NUERA to purchase the Bayview Landfill currently owned by South Utah Valley Solid Waste District. As part of this negotiation, it would be incumbent on participating cities of North Pointe Solid Waste District to 1) commit financial resources to facilitate the purchase of the Bayview Landfill, 2) commit to sending all MSW generated from the participating cities to the Bayview Landfill, 3) commit to long term management and financial obligations in relation to landfill operations including but not limited to environmental risks, health risks, fire, economic viability, etc.

In short, the agreement to participate in the Bayview Landfill purchase puts cities in the business of solid waste landfill. Currently, North Pointe contracts with a private company for hauling and disposal in a landfill of all municipal solid waste. Staff suggests a full risk assessment should be analyzed prior to any commitment. The concern is that we end up subsidizing this, especially as we would be competing with private industry. 

City Council Meeting June 21, 2016

Public Comment
Tom Cantrell - Thanked the Council for allowing Scout troop to attend and be part of the meeting. Gave Council a card thanking officials for service. Thankful the boy scouts have the opportunity to see how city government works.

Consent Agenda
The minutes from the May 3, 2016 and May 17, 2016 Council meetings were approved. James Dayrymple was appointed to the Arts Committee.

City Reports
CM Rees - Family Festival was a success once again. Carnival company is already scheduled for next year.

David Bunker - TSSD meeting was cancelled. Golf clinics started today. 10 golf tournaments have already been booked this month. We have 4-5 events at Community Center each week. Summer lacrosse going well. Rec programs available on website. Working with LPPSD on policy and procedures update.

Mayor Gygi - MAG transportation committee is looking at transportation funding. Options include doing nothing, trying again for a Prop 1, having Legislature discuss a bill that is specific to Utah County, or look at utility fees for road needs. SL County will join discussions.

CM Geddes - Utah Valley Dispatch met this month. New building is moving along and should be ready by October.

CM Crawley - North Pointe did not meet this month. Encourages water conservation.

Review/Action on Conditional Use Permit for Walmart Outdoor Storage and Sales
Public Comment
Dievo Hagan - Speaking on behalf of Charelle Hagan. Has concerns about what Walmart has done regarding outdoor sales. Need to follow guidelines that were setup when approval for Walmart was granted. Council at the time had restrictions about outdoor storage and sales. It was never the intention of the Council to allow for this. Wanted a nicer looking Walmart than others in the area. What is allowed to happen at Walmart will set a precedence. Please do not allow this to happen in commercial zone.

Walmart entered into a development agreement that prohibited the outdoor staging and sale of goods. The Development Agreement states: "9.4 Outdoor Storage: The developer agrees that except for the areas designated in the Approval Documents, or in subsequent and separate outdoor sales area conditional use permits, there will be no storage allowed temporarily or permanently outside of the Wal-Mart Facility." Walmart has staged flowers, pavers, fertilizer, mulch and other spring garden supplies on the outside of their store. They are proposing to continue to stage these goods through July, and are seeking a Conditional Use Permit allowing them to continue to store these goods for the duration of a year.

Walmart is proposing outdoor storage from May-September for the following:

• Soils, mulch, garden products
• Propane, grills, smokers
• Garden pavers, boarders
• Floral on pallets
• Floral
• Grills, pools, swing sets

Walmart has not requested a conditional use permit before this date, though they have been storing items outside, which is not allowed by their agreement. My argument has been that we should allow for flowers to be in the front, but that all other temporary outdoor storage and sales should be limited to the garden center and the south side of Walmart. The original agreement said nothing should be done outside so this is a concession. I believe the Council that approved this project spent a significant amount of time researching options, meeting with residents, and created a development agreement that met the desire of the community in having a nice looking commercial zone that was different from what other cities have allowed. I would approve allowing flowers in the front of the store but restricting all other outdoor storage and sales to the south side of the building in the garden center. 

CM Crawley said he appreciates Walmart. Wants to maintain look. Likes having flowers in front but keeping other outdoor items to the south side, but doesn't want anything in the parking areas. Does not want swimming pools and such in front.

CM Bailey said Walmart is largest retail in the country. Take feedback from shoppers and only bring in items that people will buy. They aren't bringing in stuff residents don't want. Feedback he is getting is that residents like that our Walmart is offering more items and they don't have to go to other stores to get the items they want. Feels if we limit them on where they can store then our residents will have to go to other stores to get it, which reduces revenue to the city. Likes the way it is setup. 

CM Geddes said Walmart is a great neighbor and has done a great job. Just because something was approved in 2007 doesn't mean it has to stay that way. Uses evolve and Walmart evolves to provide what residents want. Doesn't want a reputation of not being business friendly. If it's done in a tasteful way then should be allowed. Leary of reacting when only one or two people are complaining. As long as it's safe, clean, and neat, then he's fine with 

CM Zappala said in development agreement in 9.2.2, Walmart and the City Council agreed that City Council should be able to set parameters with regards to Conditional Uses. Agrees that we should limit storage and sales to south side. Items should be in the garden center. 

Representatives from Walmart presented. Josh is the Asst Manager for Walmart in Cedar Hills. Was told by the community that they wanted more items such as pavers, so they didn't have to go to Home Depot. Items are selling very well. Listened to what people want and every customer has said they have loved what Walmart is now offering. Flowers are better quality than Highland Nursery. Residents feel they can go to one location to get what they need. Want to serve community and don't want residents to have to go to AF to get what they want. Said they cannot offer what they do if they can't sell in parking lot and front of store. They keep everything safe and clean. 

My recommendation is they move flowers/trees to the front of the store in able to allow for more room on the south side for things such as the pavers, soil, etc. The whole intent of the development agreement, and our design guidelines is to keep a certain look and feel for our entire commercial area. If we change things now, we must allow all stores in the zone to store and sell items outside their store and defeats the purpose of the guidelines and development agreements. We've kept strict standards for Harts, for Walmart, for the Amsource property, and we should continue to adhere to those standards.

CM Crawley suggested that they can move some of the items that are less popular to the southwest side. 

CM Bailey said that this could impact our sales tax revenue. CM Zappala said that the way sales tax is calculated, there wouldn't be a big impact.

CM Geddes said that we aren't retailers and should get out of the way and let the store setup the way they want.

Motion was made to allow for living plants and flowers in zone 10 and 11 (front of store), all other outdoor items will be limited to zones 5, 6, 8, 9 (south side of store) and must be kept clean at all times. Motion was approved 5-0.

Review/Action on Golf Course Driving Range Fence
The City Council has discussed the driving range fence for the last few years and it has been recommended to be up for discussion once again. The City Council advised staff to go back to our vendors because we did not want to add additional poles to clutter the area up. Staff went back to our vendors and they were gracious enough to work out the following with us: We are able to replace all existing 30’ poles with (11) new 50’ pole that will span the entire length of the driving range to get everything done once and for all. Our netting vendor will also replace ALL the old netting and hardware on the areas that are currently 30’ high. So when the project is done the entire driving range fence will be 50’ high. The cost for this will be the following:

• Niels Fugal will install (11) new 50’ poles for $16,525 and West Coast Netting will replace all the netting/hardware for $21,300. 
• Niels Fugal will trade out $15,000 for a 2 year corporate pass, so the out of pocket total will only be $22,825 after the trade out. 

This is only approximately $1,800 more than the last bid which didn’t include doing the entire thing PLUS we are adding 4 additional poles. We are currently on their schedule to have installation begin the last week of September, we have to work with their tight schedule and this time of year they are very busy. This was approved 5-0.

Review/Action on Golf Cart Lease Agreement
We have issues with our golf carts dying on customers on the course; it has become so severe that we have had to change out the batteries on our entire fleet of golf carts to assure that our clientele would be able to make it at least 18 holes without getting stranded. The City cannot afford to lose tournaments in the future as a result of these issues. Staff has been keeping the records to the lease and presented them to RMT who has been working with EZ Go to get the warranty work done. EZ Go denied the warranty claim. Wade has been working with RMT, our leasing agent, and they agreed with him that the best thing to do would be to switch out all batteries. RMT will cover the cost of this even though EZ Go denied it. In return they have asked that we extend our lease for 1 year to help them offset their losses in sending us 320 new batteries. In addition RMT will give the city a $4,000 allowance for new tires next year. In the end our golf carts are still in great shape and by getting new batteries we basically have like new golf carts for the next 1 ½ years until we will go out to bid again for the next lease. RMT has been great to work with and we appreciate our relationship with them. We are having carts consistently run out of battery power each day on the course on our clients. The cost to extend the golf cart lease would be $6,200 per month plus taxes. Total cost would remain at approximately $78,500. The cost for us to replace the batteries would be $80,000.

Issues started about a month ago. Our golf course has a unique terrain, which causes more wear on batteries. Our discharge unit wasn't functioning correctly, which is why we didn't catch the issues sooner. We now have a new discharge unit to prevent this from happening. We are also now testing daily instead of weekly.

Legal counsel will review warranty to determine if we should push for the leasing company to cover costs. This extension was approved 5-0.

Review/Action on Fund Transfers to Cover Water and Sewer Charges for FY 2017
The Utah State Auditor provided guidance in an Auditor Alert May 8, 2014 for enterprise fund transfers, reimbursements, loans, and services relating to Utah Code 10-6-135. The auditor alert requires governmental entities to charge governmental funds for any services provided by enterprise funds. The City is also required to hold a public notice because it reimburses the governmental funds for new water and sewer charges incurred.

Budgeted enterprise fund transfers from the Water & Sewer fund offset estimated charges to the General fund of $8,500 and $31,000 Golf fund for water & sewer used during each fiscal year 2016-2017. This was approved 5-0.

Review/Action Certifying Tax Rate for FY 2017
Statutes require that each year a certified property tax rate be calculated. The certified property tax rate is the rate which will provide the same amount of property tax revenue as was charged in the previous year excluding the revenue generated by new growth. Tax rates went down the last few years, which offset the rising property values.

New property growth from new residential/commercial activity was calculated by Utah County as a $10,589 increase for the next fiscal year.

The County Auditor’s certified tax rate for 2016 is .002186 and the total levy amount is $1,005,624: General Operations: .001512 ($695,654) Interest and Sinking Fund/Bond: .000674 ($309,970)

Residential property tax is calculated based on 55% of the value of the home. This means a home with an assessed market value of $250,000 has a taxable value of $137,500, and $300.58 is due November 30th related to the city in property taxes.

The County Auditor’s certified tax rate for 2015 was .002315: General Operations: .001594 ($685,065) Interest and Sinking Fund/Bond: .000721 ($309,970)

The County Auditor’s certified tax rate for 2014 was .002410. The County Auditor’s certified tax rate for 2013 was .002873.

Staff was asked to look at impact if we reduced the tax rate to collect less than the previous year. $100,000 decrease/increase to property taxes impacts the rate by 0.000217. Decreasing/increasing the property tax rate changes the city’s allocation of motor vehicle fees, which are based on each government entity’s property levy amount. Last year the city received $107,754 in motor vehicles, which amounts to approximately 10% of property taxes levied. Lowering the overall property tax rate to .001900 or $131,546 causes the motor vehicle fee revenue projections to lower by approximately $13,000.

My concern with cutting the tax rate this much is that I don't want to get into a situation that PG or AF is in where we've cut our revenues to the point that we can't take care of the infrastructure needs that we may need now or in the future. Our expenses go up each year but our property tax revenue stays consistent each year. I appreciate that our city sets aside money in the Capital Projects Fund each year to take care of our wants and needs as they come up instead of kicking the can down the road. We do a good job keeping our infrastructure in good shape so that we don't have issues like other cities have had. Reducing the tax rate means we'd have to cut some things from the budget, whether that be recreation programs or delaying improvements.

Certified tax rate provided by the County was approved 5-0.

Review/Action Adopting FY 2017 Budget
Budgeting challenges:

• Development of commercial zone and the related impact on service costs and revenues 
• Pending litigation costs 
• Tight job market—causing a lack of applicants 
• Higher turnover rate requiring additional time to complete projects due to learning curve and availability of staff 
• Potentially higher costs for contracted services
• Installation costs of additional park and recreational areas 
• Ongoing maintenance contract of parks 
• Dying trees around parks and trails 
• Random water issues caused by pressurized irrigation systems running at maximum flow 
• Aging water lines breaking 
• Septic tanks potentially failing 
• Sewer lines needing additional capacity 
• Partners in public safety struggling with balancing budgets and put pressure on cities to pick up costs 
• Limited availability of lots for residential growth in the city 
• Solar panels impact on franchise fee revenues
• New growth for property taxes will be dependent on rate increases or limited new residential and nonresidential growth 
• Approximately 75% of sales tax revenues collected for Cedar Hills is population based and the city is close to build out 
• 65.7% of franchise tax revenues come from Rocky Mountain power, which will gradually decline as solar panel installations continue to decrease or eliminate what businesses and residents pay

GFOA Best Budgeting Practices

• Assess community needs, priorities, challenges, and opportunities 
• Adopt financial policies 
• Balanced budget—operating revenues equal to operating expenditures for all operating funds 
• All funds use fund balance for one-time expenditures and also as a rainy day fund 
• General fund unrestricted fund balance of at least 16.7% or 2 months of operating revenues 
• Equipment Replacement Plan 
• Capital Improvement Plan
• Building maintenance properly funded 
• Bowen, Collins Utility Rate plan designed with long-term pay as you go perspective 
• Debt service coverage for bonds is in compliance 
• Utilize grants strategically aligned with budget 
• Develop a budget consistent with vision and policies

2016-2017 Priorities with Significant Funding Requirements 

• Bayhill park 
• Golf maintenance building 
• Practice range fencing improvements 
• Heritage park improvements 
• Public works fencing 
• Reduce City’s Debt 
• Unfunded Priorities 
• Cedar Hills Drive roundabout 
• Sidewalks on Canyon Road

Revenue Budget Changes Compared to Last Year In All Funds—at least $10K 

• Certified property tax increased $10,589 
• Sales tax revenue increased $48,000 
• Telecom tax decrease $15,000 
• Building permits $10,000 
• Miscellaneous inspection fees $20,000 
• Class C Roads increased $25,000
• Family Festival income increased $10,000 
• Recreation programs increased $20,000 
• Event Center rentals increased $50,000 
• Pro shop revenue increased $10,000 
• Water fees increased $36,475 
• Storm drain fees increased $18,028 
• Sewer fees increased $57,039

Revenue Budget Updates from Tentative Budget Based on Trending 

• 10-31-100 Certified property tax rate amount $5,654 higher due to new residential/nonresidential growth 
• 10-31-500 Telecom tax decreased $5,000 
• 10-32-200 Building permits increased $10,000 due to solar activity 
• 10-32-210 Plan check fees increased $5,000 due to solar activity 
• 10-32-260 Miscellaneous inspection fees increased $20,000 related to Amsource and Lakeshore developments 
• The following revenues are from programs growth: 
• 10-35-100 Family Festival Income increased $10,000
• 10-35-110 Recreation programs increased $10,000 
• 10-35-111 Recreation & cultural classes increased $1,000 
• 10-35-112 Event center rentals increased $35,000 
• 10-35-120 Event center concessions decreased $9,360 
• 10-35-130 Park reservations increased $500 
• 10-36-100 Interest income increased $6,000 due to higher fed rate and Moreton asset management

Street Maintenance plan 

• Public works has been preparing streets to receive HA5 and other Holbrook asphalt overlay road treatments this summer. HA5 is a high density mineral bond surface treatment that extends asphalt life, and has a nice look. Ideally it is applied 2-3 years after a road has been paved to get the maximum benefit. 
• Cedar Hills drive, Box Elder Drive, the Cedars J-2 and J-3 subdivisions and the Meadows subdivision are on schedule to receive maintenance. 
• Bayhill drive, and Cottonwood drive are under evaluation, and may have some maintenance performed in fiscal year 2017-2018.

Expenditure Budget Updates $10K or Greater Based on Trending 

• 10-60-215 Contract labor increase $15,000 for solar building permits and plan check fees 
• 10-61-150 Employee benefits increase $11,259 for moving from single to family health plans for public works related employees 
• 10-61-310 Engineering services increase $20,000, which offsets the continued miscellaneous inspection fees for Amsource and Lakeshore developments 
• 10-65-120 Salary & wages (PT) increase $21,203 and 10-65-150 Employee benefits increase $1,712 offset revenue growth of $35,000 in events and recreation 
• 10-65-600 Family Festival celebration increase $10,000 to offset project increases in revenue 
• 10-69-910 Transfer to Capital Projects fund increase $14,000, due to improved revenues vs. expenditures 
• 10-69-913 Transfer to Golf fund decrease $21,500, because improving revenue trends, healthy fund balance, which allows one-time capital purchases instead of motor pool charges

Expenditure Budget Updates Based on Trending 

• Move to electronic formats instead of paper products has helped reduce the following accounts: 
• 10-40-200 Materials & supplies decrease $1,000 
• 10-44-200 Materials & supplies decrease $1,200 
• 10-50-200 Materials & supplies decrease $200 
• 10-60-200 Materials & supplies decrease $200 
• 10-61-200 Materials & supplies decrease $120 
• Other potential decreases from improved contracts include the following accounts: 
• 10-40-260 Office equipment decrease $1,300 
• 10-40-330 Professional/technical decrease $3,000 
• 10-40-975 Bad debt decrease $3,000

*At this point in the meeting I needed to leave as I had been sick all night. The rest of the notes below come directly from the Council packet with an update on the vote.

Review/Action on Adopting FY 2016 Budget Amendments
Based on the current trends 10-31-300 Sales & use tax revenues are estimated to be $100,000 higher, and 10-31-500 Telecom Taxes are estimated at $13,000 lower. The Sales & use taxes original revenue budget was based on a three-year average, because this revenue stream is very susceptible to decreases during downturns in the economy with our city’s population growth stagnant.

Budgets for 10-32-200 Building permits increased $45,000, 10-32-210 Plan check fees increased $30,000 and 10-60-215 Contract labor increased $25,000 related to the surge in solar installations. When state solar incentives expire in December 2016, the related building activity is expected to slow down.

10-35-100 Family Festival income increased $12,000 from ticket sales and donations. 10-65-600 Family Festival related expenses increased $9,000.

The following recreation and event budgeted revenues 10-35-110 Recreation programs increased $30,000, and 10-35-112 Event center rentals increased $60,000. 10-65-120 Salary & Wages (PT) increased $15,000 due to increased staffing needs. 10-35-120 Event center concessions decreased $10,000 due to contracted concessionaires having mixed results.

10-64-240 Park maintenance increase is $25,000 to make most of the park sprinkler systems more efficient to turn on and off during rainy weather.

10-69-910 Transfers out to Capital Projects fund is increased $400,000 and 40-30-801 Transfers in from General fund are increased $400,000 due to a strong economy, solar incentives, program improvements, public works staffing turnover, and slower legal activity than anticipated. These funds would be used to help fund projects and maintenance in the capital improvements plan.

$15,000 in combined golf trades with Chase Media and Valpak are recognized in 20-30-600 Season passes and 20-70-600 Advertising budgets.

$2,000 in 20-30-800 Other income and 20-50-100 Golf supplies is adjusted to recognize range balls sponsored by Pepsi as part of their concession contract with the city.

This was approved 4-0.

Review/Action on Amending Fee Schedule
Modifications are proposed to the City Fee Schedule in order to implement recommendations from the utility rate study as prepared by Bowen Collins & Associates and adopted by City Council in 2012. The fee schedule has also been updated to include non-residential impact fee rates, as adopted. Here is the updated fee schedule:

This was approved 4-0.

Review/Action Adopting Storm Water Management Plan
As part of the newly updated Uniform Pollutant Discharge Elimination System (UPDES) Phase II permit (March 1, 2016) enforced by the EPA through primacy of the State of Utah, the City is required to adopt an updated Storm Water Management Program. The program must address specific activities relating to six minimum control measures and the associated Best Management Practices (BMP’s) for storm water management and control.

Staff has spent several months preparing the updated Storm Water Management Program. A majority of the original program will remain in effect from the initial adoption of the 2004 Program and updated program in 2010. Some additional commitments are detailed in the new program as required by the permit. It is important to note the additional time requirements, for staff, including training and program administration. New development, design methods (LID) represents the most significant change.

This was approved 3-1.

Review/Action on E-Cigarettes, Park Curfew, and Noise in Parks
Parks are closed from 11:00 PM to 5:00 AM, this is the same as American Fork City (See AF Municipal Code 9.12.01). Noise regulations limit amplified sound from Labor Day to Memorial Day after 8:30 (9:30 on Friday and Saturday). And from Memorial Day to Labor Day after 9:30 (10:30 on Friday and Saturday). People can still be in the park after the amplified sound time limits, but not after 11:00 PM, see code 6-8-6. Elsewhere in the City, noise ordinance prohibits certain activities after 10:00 PM when adjacent to a residential zone (5-2-2). Currently, when a resident reserves a park, they are given a sheet of park rules and regulations.

Currently, the posted park rules prohibit the use of tobacco products in a city park. The proposed ordinance would place language in the Cedar Hills City Code prohibiting the use of tobacco product, including cigarettes, cigars, electronic cigarettes, chewing tobacco, and vaping products.

This item was tabled until the next Council meeting.

Review/Action on Placing Question on 2016 Ballot Regarding CARE Tax
In 2008, voters in the City of Cedar Hills considered and approved via general ballot opinion question, a local sales and use tax of 0.1% of particular transactions to fund cultural facilities and organizations, recreational facilities and programs, zoological facilities and organizations or botanical organizations.

Per Utah State Code Title 59, Chapter 12, Part 14, the tax may be reauthorized at the end of the eight-year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide CARE Tax.

The city’s intent is to include this opinion question on the Utah County 2016 general election ballot for the residents of the city to consider. The proposed resolution is the next step in the process to advance the proposed opinion question to the ballot.

This was approved 4-0.